More businesses feel 'sting' of violations

Tuesday

Five more businesses were hit with suspensions by the licensing authority this week in the wake of an underage drinking sting conducted by the police this summer.

Some seek leniency from licensing board

Five more businesses were hit with suspensions by the licensing authority this week in the wake of an underage drinking sting conducted by the police this summer.

Ristorante Barolo, Uno Chicago Grill, DJ’s Wings, Ribs, Subs ‘n More, and Fazio’s Trattoria, all of Hyannis; and the Osterville Veterans Association’s Foxhole received one-day suspensions to be served on Aug. 16, with another day’s suspension held in abeyance for a year.

The Island Merchant, a restaurant in Hyannis, requested and received a continuance to Nov. 17.

Because the town issues a combined common victualer all alcohol license, the suspension means that the establishments cannot open that day, even if they sell no alcoholic beverages. That concerned Boston attorney Thomas S. Vangel, who represented Uno Chicago Grill at the authority’s Oct. 27 hearing.

Noting that he’s participated in 50 similar cases in Massachusetts over the last seven years, Vangel said that “never once has the establishment been restricted from serving food. That is overly punitive.”

Later in the meeting, board chairman Martin Hoxie told Vangel, “We’ll certainly investigate this. You do make a valid argument.”

Board member Gene Burman said he’d planned to raise the same concern at meeting’s end. “What if one of our big hotels has a violation?” he asked.

Hotels operate under a single inn-keeper’s license, which covers food and alcohol service.

Representatives of the businesses before the board offered apologies for making the sales, but most cited mitigating circumstances and requested leniency given otherwise good records. The downward spiraling economy was cited.

“This is probably going to be the worst year ever for restaurants,” Vangel said.

Cynthia Cole, executive director of the Hyannis Main Street Business Improvement District, told the authority that “the police have done their job and done it well” but added that the sanction imposed is “very severe.” She suggested that a warning and a longer probationary suspension might be more appropriate.

At the board’s Oct. 6 hearing, Black Spot Café owner Micah Power disputed the charges presented by the Barnstable Police Department regarding a July 26 sting. The board continued the case until Dec. 29, when the undercover special officers involved will be available during their college holiday vacations.

The other businesses called before the board Oct. 6 all accepted the penalty of a one-day suspension, to be served a year from the date of the violation (July 26), and another day held in abeyance for a year in case further violations occur. Most had a grumble about the way the sting was conducted, especially the long lag time -- five weeks after the event -- before they were notified that their businesses had served an under-age man. Licensing board chairman Martin Hoxie said that concern had been heard and would be addressed.

Sea Street Market of Hyannis, Cape Cod Package Store of Centerville, and New England Pizza No. 1, Hyannis Package Store, Willow Package Store, Mini Food Market, Ying’s Café, and The Raw Bar, all of Hyannis, accepted the board’s reprimand. Many spoke of long years of service without violations, and of redoubled efforts to train staff.

Unless the board reconsiders, all but the two markets will have to close on the day of the suspension. Those businesses can open for non-alcohol sales.

On Sept. 22, the board issued similar suspensions for businesses that were “stung” on July 18. Found in violation were Big Daddy’s Pizza (Cotuit) and, in Hyannis, Asa Grill & Reputation, Hyannis Harbor Hotel, Blanchard Liquors, Harry’s, and La Paz Surf Cantina. Because it had received a recent suspension for another underage drinking incident, HannaH’s restaurant in Hyannis received a six-day suspension, with three of those days held in abeyance for a year.

In all, 66 businesses were subject to the sting, with 23 reported to have served a minor.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.